The Mail-Journal, Volume 13, Number 25, Milford, Kosciusko County, 14 July 1976 — Page 1

‘<2'' JJKS V* t. Junie ' s'-—

Phones: 658-4111 & 457-3666

VOLUME 13

Decision expected July 20 —

Judge Grant takes a look at 'wetlands' for himself

Judge Robert A. Grant of South Bend is a man who likes to “see for himself” before rendering a decision. And this is what he did Tuesday morning when he visited the controversial “wetlands" on two sites bordering Lake Wawasee As judge erf the L’S District Court For The Northern District of Indiana. South Bend Division, he issued the temporary restraining order on Tuesday. June 29. that stopped all fill and grading work on the Don Byrd and Chet Elder sites Last Tuesday and Wednesday Judge Grant heard arguments and took testimony in his South Bend court concerning the case A large number of local residents, pro and con. attended the court sessions At that time the court heard testimony from two Corps of Engineers employees, two federal biologists and from Byrd and Elder, in addition to their attorneys The wetlands came under the jurisdiction of VS Engineers on July 1 of this year, but it was the early implementation of the Corps authority that caused Elder to work furiously over a long week end to fill the lakefront portion of his 74-acre tract that raised the ire of property owners Difference Os Opinion There is a radical difference of opinion m the matter Lake property owners claim the wetlands are essential to the continued good health of Lake Wawasee On the other hand, developers Byrd and Elder claim the land they are developing is higher than the lake water level and contain surface runoff water instead of lake water Judge Grant refused to comment to a Mail-Journal reporter on the two sites Tuesday morning concerning the case He said, rd rather not comment I hope* you'll understand * However, he told Philip J Harris, attorney for Don Byrd, and developer Elder. “I’ll see you on the 20th It is expected he will hand down his decision on Tuesday. July 20. m his court and that interested principals in the case will be present An appeal to the ruling would be to Judge Luther Swygert of the Seventh Circuit Court of Appeals in Chicago (Continued on page 3)

Glory Barn subject of wide-ranging publicity

By SUSAN BENNETT First In A Series During the past week news stories have been written concerning members of the Glory Barn, or Faith Assembly, east of North Webster, and their beliefs in relation to the obtaining of medical assistance.. - The focus of the media attention has been on recent Kosciusko county deaths during natural childbirth at home. Alice Rodgers and her unborn child died after two days of labor, attended by her husband James and friend Kathy Yotter, a registered nurse, on July 2. Another infant, born to Mr. and Mrs. Fred Clark, Jr., was stillborn at home on August 7, 1975. AJI were from North Webster. Such accounts have spread throughout the state

Th Mail urn nl ~x / t )|7* t Consolidation of THE MILFORD M AIL (Est. 1888) and THE SYRACUSE-WAWASEE JOURNAL /Est. 1907)

■! I ■. <•© Vtfdl > CHECKING WETLANDS — Richard L. Sides, of the US Corps of Engineers, is checking the wetlands on the Don Byrd development site Tuesday morning (shown on the right). On the left is developer Don Byrd. Judge Grant (partially shown), Grant's law clerk Tom Kane, and attorneys Philip J. Harris and Stanley Pequignot.

y t, -a <jul ON SITE INSPECTION — la the left photo Judge Grant is shown on the wetlands on the Chet Elder development site, with a number of cattails in his hand. In the right photo the judge is on the left, and in the center are Mr. and Mrs. Chet Elder.

OK Lakeland school budget

The Lakeland Community school board unanimously okayed the proposed 1977 school budget during its regular meeting last night. Tuesday. July

13. An increase of 3.1 per cent is represented by the total budget. The budget, as proposed by the board of school trustees, is

with stories in local papers, and The South Bend Tribune, and Fort Wayne Journal Gazette. Newspapers from southern regions of the state have sent correpondents from the Marion ChronicleTribune and the Indianapolis Star. The Chicago Tribune has also covered the story. Another woman, Sally Burkitt, rural Pierceton, is*reported to have bled to death after giving birth to a child 48 hours earlier. Dr. John Ramsey, Noble county coroner, said that Mrs. Burkitt retained the placenta after giving birth April 2 and kept bleeding. The cause of her death is listed as shock from blood loss. The body of a seven month old child taken to the Harris funeral hgme In North Webster, is also reported to have a parent who is a Glbry Barn

WEDNESDAY. JULY 14. 1976

$3,596,762 for the general fund with an increase of $110,016. The debt service fund is $537,525 for an increase of $15,500 (Continued on page 5)

Condemnation report given During the Monday night, July 12. monthly meeting of the Milford town board, city attorney Rex Reed reported on the progress of the four buildings condemned by the state building commissioners office. Reed also said that the 60 days provided in letters of May 7 to the property owners has expired and that the administrative building council has sent another letter to property owners. At that time the council will review the buildings and the matter will be turned over to the attorney general or local prosecuting attorney. Another matter Reed talked to the board about was designating a meeting with Robert Hepler concerning the annexation of township property into the city. The meeting was arranged for 4 p.m.. Wednesday. July 21, at the Milford City Hall. A motion by Jean Treesh to purchase the recently repaired police answering service and pay for the repairs was carried. Police donations will be used to buy the service at a cost of $75 and the approximately s3l repair bill will be covered by police equipment funds. The matter of yearly payments for insurance emergency medical care was discussed by the board. The 1976 year was previously paid by the town, but the township will assume the charges for 1977 at a cost of approximately SI2OO. A previous agreement has been made to rotate the cost yearly between the city and township. Williams street was reported to be definitely resurfaced. Two more streets, the north end of James and Fourth street for (Continued on page 2) Woman falls in coal chute A visitor in Syracuse. Mrs Martha Biberstine, Ossen. fell through a coal chute in the sidewalk in front of Curtis T.V. Store in Syracuse Friday evening. July 9. Mrs. Biberstine was transported to the Goshen hospital by the Syracuse emergency service where she was treated and released for abrasions to both legs after she stepped on the coal chute cover which overturned causing her to fall to the sidewalk with her right leg jammed in the chute. Tom McClain, owner of the building at 102 W. Main street, had been told of the loose cover earlier in the week The chute cover has since been cemented to prevent any further injuries.

member. The child had a congenital liver ailment and had been hospitalized from birth to about three months, at which time doctors said nothing could be done and the baby was taken home. And an unidentified Columbia City woman succumbed to a pulmonary embolism, or blood clot, after a home delivery in May. Letter Written The mother of Mrs. Rodgers, Mrs. Harold Leach, r 1 North Webster, wrote a letter to an area newspaper concerning the way her daughter and grandchild died and her daughter's beliefs. Mrs. Leach entered her daughter's home several times during labor and was not permitted to see her daughter, who she states was unconscious. All the while was told things were progressing Z A >

Vi t — PLAN SIDEWALK DAYS — A loose-knit Syracuse uptown merchants* committee, shown here, is planning its annual Sidewalk Days, July Seated from left are Mrs. B. R. Pinney of the Rose Garden Beauty Salon, Chuck Clevenger of Mr. Pickwick Men's Store, and Mrs. Lewis Speicher of My Store. Standing from left are Mrs. Gerald Hubbartt of Love Furniture. Jerry Ciaybaugh of Curtis TV and Appliance, Mrs. Ron Hanson of The Mail-Journal and Bennie Workman of the Stout Boutique.

Syracuse uptown merchants plan Sidewalk Days July 21-24

Eighteen Syracuse uptown merchants are gearing up Tor their annual Sidewalk Days, to be held from Wednesday through Saturday. July 21-24. A committee (shown above) has been formed to outline plans for the event'which is hoped to give uptown business a shot in the arm during the mid-summer blahs. Wide Participation Chuck Clevenger, who is chairman of the uptown committee. is pleased with the wide community participation being shown. The Syracuse town board has granted permission to erect a 30 by’ 45-foot tent on Main street just east of the stop light for the fourday celebration A variety of events will be held, including the following: — Merchants' Day in the tent on Wednesday. — Order of Eastern Star will offer coffee and donuts on Thursday. — Friday hnd Saturday the Veterans of Foreign Wars will hold a pancake and sausage breakfast. — The Business and professional Women will hold an ice cream social from 6 to 10 p m on Friday. — The Hex Grange will hold a bake sale and lunch on Saturday — On Thursday, Friday and Saturday the Camp Fire Girls will sell popcorn and snow cones

and the Little League players will sell T-shirts The Milford Boy Scouts will sell hot dogs and pop Airing the sale dayst< ~~ Other participating groups will include the Church of God with a bake sale flea market and luncheon stand and the Pentacostal church with a taco stand. Clevenger said he hopes to have other groups participate in the four-day observance and

M. D. Umbaugh is named Syracuse bank director

Members (rs the board of directors of the State Bank of Syracuse voted M. D. (“Mike”) Umbaugh as a new director at their regular meeting held last week. Umbaugh fills the vacancy created by the recent resignation of director Thomas M. Tuttle. Umbaugh has a variety of experience rapging from previous bankV employment through research production, to manufacturing expertise. Umbaugh was raised on a dairy farm near Argos. He entered Indiana university in 1946. After college, he entered the credit department of the First Bank and Trust Company of South Bend. Six months later he became manager of the credit (Continued on page 2)

normally. Mrs. Leach has also said her daughter bled two months prior to labor. In her letter Mrs. Leach states "They are told that being attended by a registered nurse who has worked in labor and delivery is adequate. All that is necessary is to have enough faith in God and everything will be beautiful." Closing the published letter which states what she feels she says, "Jesus evera had Luke, the physician on His team." • An added development in the death of Mrs. Rodgers and her infant is the possible revoking of Kathy Yotter's license as a registered nurse. Yotter will be brought before the Indiana State Nursing board for a hearing after that board received a (Continued on page 5) - L_r--

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invites anyone interested to contact him Square Dance, Too One big attraction should be the Saturday night square dance, ■ to be held on East Main street, just east of the merchants’ tent. A prominent caller has been arranged for, so square dance enthusiasts can look for a hot time in the old town come Saturday night

?• ■ ’■ " few f M. D. UMBAUGH